The Telephone Consumer Protection Act (TCPA) protects you from unwanted telemarketing calls, texts, and faxes. It allows consumers to claim $500 per violation or $1,500 per willful violation, even without proving financial loss. Violations include robocalls, texts without consent, and contacting numbers on the National Do Not Call Registry.
Key Takeaways:
- Penalties: $500–$1,500 per violation; up to $43,792 for Do Not Call Registry breaches.
- Consumer Rights: File lawsuits directly, even in small claims court.
- Liability: Companies, third parties, and vendors can all be held responsible.
- Class Actions: Damages can reach millions; no cap on total penalties.
- Documentation: Record dates, times, and evidence of violations to strengthen your case.
If you’ve been targeted by telemarketers, act quickly – TCPA claims have a 4-year deadline.
What Counts as TCPA Violations
The Telephone Consumer Protection Act (TCPA) sets clear rules for calls, texts, and faxes, emphasizing the need for consumer consent.
Common TCPA Violations
Violations of the TCPA happen when businesses contact individuals using automated telephone dialing systems (ATDS), prerecorded voice calls, SMS messages, or fax transmissions without obtaining prior express consent.
"A TCPA violation is the term for when a business is found to have broken the rules of TCPA in some way – such as by calling a number unsolicited and using unauthorized automated calls or using a robodialer to send thousands of pre-recorded messages."
– Rich Kahn, CEO of Anura
One major infraction involves robocalls with prerecorded marketing messages sent without express, written consent.
Another common violation occurs when companies contact numbers listed on the Do-Not-Call registry without proper authorization. This registry exists to help consumers avoid unwanted calls, and ignoring it can result in steep fines.
Text message violations are increasingly frequent as businesses rely more on SMS marketing. The TCPA strictly controls the use of autodialers for contacting mobile numbers, requiring explicit prior consent.
Many consent-related violations stem from misunderstandings about what constitutes valid consent, failure to check leads against Do-Not-Call lists, or poor record-keeping.
Even when consent is initially given, companies must honor requests to revoke it. Starting April 11, 2025, businesses will need to comply with revocation requests within 10 business days – a challenge given the approximately 100,000 daily phone number reassignments.
Who Can Be Held Responsible for TCPA Violations
Understanding who is liable for TCPA violations is crucial. While companies making the calls are primarily responsible, the TCPA also holds third parties and technology providers accountable. This means telemarketers, lead generation firms, and even technology providers can face penalties depending on their involvement.
The concept of vicarious liability plays a key role here. Companies can be held responsible for violations committed by third parties acting on their behalf, such as vendors or contractors. According to the FCC, outsourcing telemarketing activities does not exempt businesses from liability under the TCPA.
Liability is established when a company authorizes, directs, or benefits from a third party’s actions. For instance, if a lead provider or marketing agency generates leads or makes calls without proper consent, both parties may face consequences. The following real-world examples illustrate how these liability principles apply.
Real Examples of TCPA Violations
Several high-profile cases demonstrate the severe financial repercussions of TCPA violations.
In Krakauer v. Dish Network, L.L.C., the Fourth Circuit upheld a $61 million treble damages award. Dish Network was held liable for violations by a third-party marketing agency, Satellite Systems Network (SSN), which made multiple calls to individuals on the National Do-Not-Call registry. Originally, damages were set at $400 per call, but the court increased them to $1,200 per call due to Dish’s willful and knowing violations.
Monitronics International faced a $28 million class-action settlement for TCPA violations committed by its authorized dealers, who made unsolicited robocalls.
Alarm.com also settled for $28 million after allegations that its third-party dealers made unauthorized calls. Despite not making the calls itself, the company was found liable due to its involvement in approving sales strategies and working closely with resellers.
In another instance, a professional plaintiff secured a default judgment exceeding $828,000 against individual and corporate defendants for just 104 calls in violation of the TCPA. While the statutory penalty was $500 per call, additional damages under the West Virginia Consumer Credit and Protection Act raised the penalty to $5,373.09 per call, accounting for inflation.
Direct Energy faced legal trouble over unauthorized ringless voicemails. The company’s approval of scripts, audits of Total Marketing Concepts (TMC), and allowance of its brand name’s use led to liability for the violations.
These cases highlight the importance of strict compliance with TCPA regulations, which will be further explored in the discussion on statutory damage calculations.
How Courts Calculate TCPA Statutory Damages
When courts assess penalties for violations of the Telephone Consumer Protection Act (TCPA), they follow a structured approach that often results in significant financial consequences. Understanding how these calculations work helps explain why settlements and judgments under the TCPA can reach such high amounts.
Minimum and Maximum Penalty Amounts
The TCPA sets penalties of up to $500 per violation, which can increase to $1,500 per violation for willful or knowing misconduct. Even accidental violations carry a penalty of up to $500 per call, while intentional violations can lead to triple the damages. In cases involving the National Do-Not-Call Registry, courts have some discretion to award less than the $500 maximum per violation. Notably, the TCPA allows for unlimited statutory damages when multiple violations occur, meaning there’s no cap on the total penalties.
To determine if a violation was "knowing or willful", courts may require evidence showing the caller was aware they lacked proper authorization. However, some courts consider any intentional violation sufficient to justify tripling the damages.
Statutory Damages vs. Actual Damages
A key distinction in TCPA cases is between statutory damages – fixed amounts set by law – and actual damages, which require proof of specific financial losses. Under the TCPA, consumers can recover statutory damages without demonstrating actual harm. This is particularly beneficial since proving financial loss from unwanted calls or texts can be difficult. Statutory damages apply on a per-violation basis, regardless of the harm caused, while actual damages depend on measurable losses.
For example, if someone receives 100 unauthorized robocalls, they could claim up to $50,000 in statutory damages without needing to prove any financial injury. This approach ensures predictable outcomes and removes the burden of proving individual harm.
How Damages Add Up in Class Action Cases
The financial stakes rise significantly in class action lawsuits. When TCPA violations affect large groups of people, statutory damages can quickly escalate. With penalties of $500 per violation, the total can easily climb into the tens of millions of dollars.
One striking example is the case of Wakefield v. ViSalus, Inc., where a jury determined that ViSalus made 1,850,440 automated calls to class members between 2012 and 2015 without proper consent. At $500 per call, the district court initially ordered a staggering $925,218,000 in damages. The Ninth Circuit later sent the case back to review whether the massive award violated due process rights.
In another case, a Colorado satellite TV provider faced a $61 million verdict in 2017 for making over 50,000 calls to more than 18,000 consumers on the National Do-Not-Call Registry. Even though the calls were made by a vendor, the court held the TV provider liable for the violations.
The financial impact of TCPA class actions is evident in the numbers. For instance, the average settlement for TCPA class actions during the first 10 months of 2018 was $6.6 million. Courts may also evaluate whether large statutory awards are "grossly disproportionate" to the misconduct or "obviously unreasonable." The ViSalus case is one of the rare instances where aggregated statutory damages have been scrutinized for potential constitutional concerns, even though the per-violation penalties were legally permissible.
What Affects the Size of Damage Awards
The way damages are calculated under the TCPA is just the beginning. Various other factors play a role in determining the final award amount. Let’s dive into the key elements that influence these decisions.
How Courts Decide if Violations Were Willful
When courts determine that a violation was willful, they can increase the damages from $500 to $1,500 per violation. But what exactly counts as "willful"? Opinions differ. Some courts require proof that the company knowingly broke the law, while others consider the act of intentionally making the calls enough. Often, the focus is on whether the company showed deliberate disregard for compliance requirements.
Take the case of Ford v. Naturalawn, for example. The court found that repeatedly sending texts after opt-out requests was enough to prove willfulness.
However, not all cases end in triple damages. In Koeller v. Seemplicity Sec. Inc., a Missouri federal court (November 2024) refused to award triple damages. The plaintiff couldn’t prove that Seemplicity knew his number was listed on the National Do Not Call Registry.
Similarly, the True Health Chiropractic, Inc. v. McKesson Corp. case from the Ninth Circuit shows how companies can avoid willfulness findings. Even though the FCC had previously cited McKesson in 2008, the court denied triple damages. Why? The citation didn’t clearly identify which faxes violated the TCPA or explain why they were problematic. The court concluded that a warning alone wasn’t enough to establish intentional wrongdoing.
These examples show how the interpretation of willfulness can significantly impact damage awards.
How Judges Use Discretion When Setting Awards
Judges have the authority to adjust damages, particularly when they find the penalties awarded by a jury to be excessive. Courts may reduce statutory damages if the amount seems disproportionate to the nature of the violations.
A striking example is Golan v. Veritas Entertainment, LLC. In this case, a federal judge slashed a $1.6 billion jury award down to $32.4 million, setting damages at $10 per call instead.
"The Court’s review of the applicable case law … indicates the TCPA’s statutory damages clause is constitutional, but a specific damages award may be unconstitutional if it is ‘so severe and oppressive as to be wholly disproportioned to the offense and obviously unreasonable.’"
- U.S. District Judge E. Richard Webber
When deciding on damage amounts, judges weigh several factors, including the severity of the violations, the number of calls made, the TCPA’s goal of deterring future violations, and the administrative costs tied to class action settlements. They also consider whether the damages address harms like privacy invasions and unwanted disruptions.
Even with proven violations, judges sometimes reduce awards. In Noviello v. Adam Wines Consulting, LLC, a Texas federal court lowered a jury’s $8,500 award to $6,500 after ruling the violations weren’t willful. Similarly, in Aussieker v. TSHB, LLC, a court denied the plaintiff’s request for triple damages, awarding $3,000 instead of the $9,000 sought.
Typical Settlement Amounts and Payouts
Settlements in TCPA cases often reflect the same judicial considerations. The amounts can vary widely depending on the specifics of the case and the size of the class involved.
Here are some notable examples:
- Dish Network: $210 million
- Capital One: $75.5 million
- Caribbean Cruise Line: $56–$76 million
For individual claimants, payouts typically range from $20 to $500, though legal fees often reduce these amounts further. In one class action, members were awarded $933 each, but after fees and costs, the average payout dropped to about $550. Another example is National Grid’s $38.5 million settlement, which resulted in individual payments of roughly $50 to $150 per claimant.
The FCC has also imposed hefty penalties directly. In one instance, it issued a $300 million fine against several companies behind an auto warranty robocall scheme that placed over 5 billion illegal calls to more than 500 million numbers.
These examples underscore the importance of documenting TCPA violations thoroughly and understanding the legal options available to maximize potential recovery.
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How Consumers Can Seek TCPA Damages
If you’ve been bombarded with unwanted telemarketing calls or texts, the Telephone Consumer Protection Act (TCPA) gives you the power to take action. The first step? Gather evidence and understand your legal options.
How to Document and Report Violations
Building a strong case starts with thorough documentation. Keep a detailed record of every interaction. Note the date, time, content, and caller ID of the call or text. Save any voicemails or text messages as evidence. If possible, jot down the caller’s name, the company they represent, and any contact details they provide. Even if they refuse to share information, make a note of your attempt to ask.
To strengthen your case further, report these violations to the FCC, FTC, and your state’s consumer protection authorities. This step is especially important if you’re dealing with repeated violations or persistent unsolicited calls and texts. Every piece of documentation helps build your claim.
Legal Options for Getting Your Money Back
Once you’ve documented the violations, it’s time to explore your legal options. The TCPA allows consumers to take matters into their own hands by filing a lawsuit – even in small claims court. Under the law, you could be entitled to $500 to $1,500 per violation, depending on the circumstances.
Beyond statutory damages, you might also recover actual damages if you can prove financial losses caused by the violations. Additionally, you can seek injunctive relief to stop the telemarketers from contacting you in the future.
You have the choice between filing an individual lawsuit or joining a class action. While class actions let multiple consumers band together, individual payouts in these cases can be smaller after legal fees are deducted. For help navigating these options, consulting a TCPA attorney is a smart move – they can guide you through the legal process and help determine the best course of action for your case. Remember, time is critical, as TCPA claims are subject to strict deadlines.
If you’re looking for a simpler way to report violations, platforms like ReportTelemarketer.com can streamline the process for free. They help you submit reports and even take action against telemarketers on your behalf.
How ReportTelemarketer.com Can Help
ReportTelemarketer.com is a free service designed to help consumers stop unwanted telemarketing calls and texts – and potentially recover money under the TCPA. By filling out a detailed form on their website, you can report your experience with telemarketers. Their team uses advanced tools to investigate potential violations of consumer protection laws. They then take action, such as sending cease-and-desist letters or filing formal complaints against the offenders.
Operated by Coleman, PLLC, the platform has already helped over 30,000 consumers. The best part? There are no out-of-pocket costs. Attorney fees are recovered directly from the offending telemarketers. Additionally, the platform protects your privacy while publicly listing reported telemarketers, which helps others identify problematic companies.
However, it’s important to note that ReportTelemarketer.com is not available for use in California, as the state has different laws and regulations regarding telemarketing. For everyone else, it’s a powerful tool to help you stand up to unwanted calls and texts without the stress of navigating the process alone.
Conclusion
The TCPA does more than just crack down on illegal telemarketing – it gives consumers a clear way to seek compensation. As one of the strongest consumer protection laws in the U.S., it empowers individuals to put a stop to unwanted calls and messages. With statutory damages set at $500 per violation – or up to $1,500 for willful violations – it serves as a powerful deterrent. And since there’s no need to prove actual harm, every illegal robocall or spam text could lead to meaningful compensation.
Knowing your rights under the TCPA is more important than ever. In 2021 alone, Americans endured an estimated 50 billion robocalls, with over 14 million people receiving them daily. The TCPA’s private right of action simplifies the process for consumers, even allowing them to take cases to small claims court without needing a lawyer.
Timely and well-documented claims are key to success. Keeping detailed records and filing promptly can make all the difference. Remember, you have up to four years from the date of the violation to take action. With over 4,000 TCPA complaints filed in federal courts during 2022 and 2023, it’s clear that courts are treating these violations with the seriousness they deserve.
FAQs
How can I prove that a TCPA violation was intentional to potentially increase the damages I can claim?
To demonstrate that a TCPA violation was intentional, you’ll need to prove the caller knowingly or deliberately ignored the law. This usually means showing they were aware of key details – like the fact that you didn’t give consent – but chose to disregard them.
Evidence is crucial here. Items such as call logs, recorded messages, or written communications can help illustrate intent. For instance, if you explicitly asked the caller to stop contacting you and they kept reaching out, that could strengthen your case for a willful violation. Courts typically focus on clear, deliberate actions that breach the TCPA, so gathering detailed and thorough evidence is critical.
How can I effectively document and report TCPA violations to build a strong case?
To build a strong case for TCPA violations, start by keeping thorough records of every unwanted call or text. Be sure to log the date, time, caller ID, and content of each interaction. Save all related evidence, including voicemails, text messages, and call logs, and make a note of any requests you’ve made to stop the contact.
Once you’ve compiled this information, consider reporting the violations to the FCC or seeking advice from a legal professional experienced in TCPA cases. Well-organized documentation can significantly strengthen your case and improve your chances of a favorable resolution. For extra support, platforms like ReportTelemarketer.com offer free assistance in investigating and addressing these violations.
Can a company be held responsible for TCPA violations by a third-party vendor or contractor?
Yes, a company can be held accountable for violations of the Telephone Consumer Protection Act (TCPA) carried out by its third-party vendors or contractors. This is based on the legal concept of vicarious liability, which holds a company responsible for the unlawful actions of individuals or entities acting on its behalf.
For example, if a vendor or contractor engages in illegal telemarketing practices – such as making unsolicited calls or sending unauthorized text messages – the company they represent could face penalties under the TCPA. To minimize this risk, businesses should actively oversee their partners and ensure they comply with telemarketing laws.
